Republic of the Philippines

Sixth Judicial Region

MUNICIPAL TRIAL COURT
Branch 33
Iloilo City

PEOPLE OF THE PHILIPPINES, CRIM. CASE NO. 10-02501

For: SLIGHT PHYSICAL

-versus- INJURIES

PEDRO B. LUNA,
Accused.
X-----------------------------------------------X

MOTION TO QUASH

PEDRO B. DE LUNA, through the Public Attorney’s Office,

unto this Honorable Court, respectfully moves for the quashal of the
Information against named Accused with the following allegations:

GROUND

Section 1 and Section 3 of Rule 117 of the Rules of Court state:

Section 1. Time to move to quash. – At any

time before entering his plea, the accused may
move to quash the complaint or information.

Section 3. Grounds. – The accused may

move to quash the complaint or information on any
of the following grounds:

xxx

(c) That the court trying the case has no

jurisdiction over the person of the accused;

Xxx

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 This Motion is being filed on the ground that the Honorable
Court has no jurisdiction over the person of both Accused because
their arrest was illegal.

BRIEF STATEMENT OF FACTS

On January 10, 2020, PO2 John Cruz II of the Iloilo City Police
Station III – Jaro (ICPS3), together with PO1 Nicholas Gil went to the
residence Pedro B. Luna at Brgy. Sambag, Jaro, Iloilo City. The
officers was aware of the fact that Luna had caused injury to Juan de
la Cruz but there was no information or complaint filed against him.

Pedro B. Luna was then invited by the two police officers to the
police station without any knowledge of the cause why he was taken.
The officers did not inform the accused as to why he was invited to
the police station.

Upon their arrival, he was asked for several questions about his
personal information. Then he was asked about the incident which
took place on January 8, 2020. He admitted that he did punched the
complainant. Then he was detained and was only released after an
information was subsequently filed.

DISCUSSION

Section 1, Rule 114 of the Rules of Court allows the accused to

quash the Information at any time before he enters his plea on the
ground that the court trying the case against him has no jurisdiction
over his person.

Jurisdiction over the person of the accused is acquired upon his

voluntary submission to the jurisdiction of the court or his
apprehension, with or without a warrant for his arrest.

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 Upon examination of the facts of this case, it appears that
circumstances surrounding the arrest of both Accused is not within
the ambit of a valid warrantless arrest. Hence, Accused Juan B. Luna
were illegally arrested.

A person can only be legally arrested without a warrant on the

following instances as provided under Section 5 of Rule 113 of the
Rules of Court, to wit:

Section 5. Arrest without warrant; when lawful. — A

peace officer or a private person may, without a warrant,
arrest a person:

(a) When, in his presence, the person to be

arrested has committed, is actually committing, or is
attempting to commit an offense;

(b) When an offense has just been committed, and

he has probable cause to believe based on
personal knowledge of facts or circumstances that
the person to be arrested has committed it; and

(c) When the person to be arrested is a prisoner

who has escaped from a penal establishment or
place where he is serving final judgment or is
temporarily confined while his case is pending, or
has escaped while being transferred from one
confinement to another.

Xxx

The accused was not

caught in flagrante.

A perusal of the records show that no allegation was made to

the effect that Accused Luna committed, is actually committing or is
attempting to commit any offense before PO2 Cruz, PO1 Gil and the
other elements of ICPS4 when he arrested. He was just invited to the
police station without notifying him as to why he is invited there. He
was only informed about the reason of his arrest upon their arrival to

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the police station and he was detained for two days after he admitted
what he did to the victim.

The present case would not fall under paragraph (a), Section 5
of Rule 113 as there is no showing that Accused Luna committed,
were actually committing, or attempting to commit any offense in the
presence of PO2 Cruz and PO1 Gil prior to his arrest.

The accused was not

caught in a hot
pursuit operation.

Paragraph (b) of Section 5, Rule 113 of the Rules of Court is

likewise inapplicable because the elements thereof are wanting in this
case. Under the Rule, it is required that the offense has just been
committed and the arresting officer must have personal knowledge of
the facts and circumstances of the case.

In this case, the accused was not caught in a hot pursuit

operation. Knowing that two days had passed after the incident
shows that there was no necessity that the accused should be
immediately arrested. He was merely invited by the officers to go with
them to the police station.

The accused are not

Escaped prisoners

Pragraph (c), Section 5, Rule 113 of the Rules of Court would

likewise not apply to the Accused since they are not escaped
prisoner.

PRAYER

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 WHEREFORE, premises considered, Accused JUAN B. LUNA
respectfully pray of this Honorable Court that the Information against
them be QUASHED and the criminal case against them be
DISMISSED for lack of jurisdiction over their person.

Other just and equitable reliefs are likewise prayed for.

Respectfully submitted.
January 17, 2019.
Iloilo City, Philippines.

ATTY. DESIREE JANE E. TUBAON

Public Attorney’s Office
3F Hall of Justice, Bonifacio Drive
Iloilo City

Copy Furnish

PROS. MARY HOPE L. TORRECHANTE

Public Prosecutor
OFFICE OF THE CITY PROSECUTOR
2F Hall of Justice, Bonifacio Drive
Iloilo City